Release or forfeiture of things seized or proceeds of sale
33A Release or forfeiture of things seized or proceeds of sale
Subject to subsection (2), a thing, or proceeds from the sale of a thing, held in the custody of the Director or an authorised person under section 33(5) must be released to the person from whom the thing was seized or, if that person is not the owner of the thing, to the owner:
on a decision being made not to charge a person with an offence in relation to which the thing was seized; or
on the acquittal of a person charged with an offence mentioned in paragraph (a).
If a thing is seized under section 33(1) other than from a person and, despite reasonable enquiry, it is not possible to establish the ownership of the thing within 30 days after the seizure, the thing is forfeit to the Territory at the end of that period and may be sold or otherwise disposed of by the Director.
Note for section 33A
See section 46 for the court's power to order forfeiture of things seized, or proceeds from the sale of things seized, on a finding of guilt for an offence.
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